QUESTION:
Can I sue the City Animal Control for not responding to an emergency which the sheriff requested as well? I dog got loose and attacked me and Animal control did not respond. This dog could have rabies and animal control wont contact the owner.
ANSWER:
Firefighters, law enforcement officers, paramedics and 911 emergency dispatchers are immune from liability for damages arising out of their rendition of emergency medical assistance, unless the victim’s damages are attributable to an act or omission “performed in a grossly negligent manner” or “not performed in good faith.” [Health & Saf.C. §§ 1799.106, 1799.107; Eastburn v. Regional Fire Protection Auth. (2003) 31 C4th 1175, 1184, 7 CR3d 552, 660–661; see Wright v. City of Los Angeles (1990) 219 CA3d 318, 347, 268 CR 309, 327. It was held in one case that a family of victim who died from “sickle cell” crisis could recover damages from paramedic who responded to emergency call but refused to examine or treat victim despite his showing signs of shock (“gross negligence”). If the firefighter, officer, paramedic or dispatcher is immune from liability, the public entity employing him or her is immune as well. It would be best to seek personal assistance from a lawyer in order to guide you in filing a personal injury claim.